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1984-10-03 SP SPECIAL TOWN BOARD MEETING OCTOBER 3, 1984 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel PLEDGE OF ALLEGIANCE LED BY DEPUTY TOWN CLERK DARLEEN DOUGHER Press: G.F. Post Star, WBZA GUESTS: Mr. Sheridan Usher, Representatives of the Ward System TOWN OFFICIALS: Mr. Paul Naylor MEETING OPENED: 6:04 P.M. Town Clerk, Donald A. Chase-At approximately 2:00 P.M. on September 26, 1984 a petition that covers 45 pages and 671 signatures was presented to my office regarding the Ward System being placed on the election ballot. I notified the Town Counsel and he was given a copy of the petition... Town Counsel, Wilson Mathias-I have had an opportunity to reveiw the petitions, with respect to the statement of witnesses and also the content of the wording of the petition. I have serious reservations that a valid election on this point can be held on the date specified in the petition. I have come to an opinion on that but at this point it is my position that, or my recommendation that because of my involvement with the Republican Party, my comments and opinions would 1-c construded to be a conflict of interest, or motivated by party interests. I do not believe that they are but I do not wish the Town Board to be criticized for that simple fact. It is my recommendation that you engage special counsel, to confer with or et advice on this matter. I believe that g you. can do this and still keep within the frame work, the time frame work of the signatories rights here. Supervisor Walter- When you refer to special counsel, what do you have in mind? Town Counsel, Wilson Mathias-I think you should get an attorney that has expertise in election law to take a look at this, that is removed from the local political scene. I have discussed in general terms this question, particularly the time aspect, that is critical, to comply with the provisions of the Town Law and the Election Law. I spoke with Mr. Cantwell, an attorney in Albany, who was counsel to the State Board of Elections, I asked what his hourly rate would be, he would bill at a rate of $75.00 an hour. Supervisor Walter- What is the Board's reaction? Councilman Monahan- I feel we want to make sure we are doing all that is correct and if our Attorney gives a recommendation to us I feel we should follow it. Councilman Eisenhart- I agree Councilman Morrell- I disagree. We went through this three years ago and there did not seem to be any problems. I assume that the same foremat was followed as in three years ago. ...Wouldn't this be up to the Board of Elections? Town Counsel, Wilson Mathias- I think it is your duty, since you are the people that certify that this is valid... Councilman Morrell- It was valid 3 years ago. Supervisor Walter- We have received an opinion from our Counsel, that he feels that there are some technicalities that may not be legal with these petitions. 255 Councilman Morrell-Would it be possible to know what these technicalities are? Town Counsel, Wilson Mathias- My comments are going to be construed as totally partisan. Supervisor Walter- What would be the objection to the Town Board members if we have a special counsel, someone who has expertise in the election law, to look at this and report back to us within the time frame so that we can still act and get it on the election, if in fact it were valid. Councilman Morrell- The problem with that is that, it has to be to the Board of Elections within 29 days before elections, the 8th of October would be the latest this Town Board could act on that. The 8th is a national holiday...this would have to take place either tomorrow or friday. Supervisor Walter- Or Saturday, Sunday or Monday. Councilman Morrell- I will be away this weekend... Councilman Monahan-If we proceed and then find out it is not correct, then we are going to be subject to a law suit, we might better find out before hand rather than after we shut the barn door. Councilman Morrell- We might be subject to a suit for improperly delaying it, if they are valid. Supervisor Walter-I think that if there is a question of illegality or technicality on the petitions, we would not be subject for delay. We are the body that has to certify that the petitions are legal and we certify that they go on the next election. Councilman Morrell- I realize that, if it goes past the 29 days then we would have to subject to the Town to a special election, is that correct? There is a lot of. Cost there to run a special election, cost wise it would be much more convenient to have it at the same time you are going to have an election anyway. Councilman Olson-I would like to address this to the Town Attorney if he feels that he can answer the question. Betty said that if we act on a petition that has been brought before us and take action on it, then something is found wrong, the Town Board or the Town is liable for that decision that we have taken. Town Counsel, Wilson Mathias- You are subject to a suit either to compel you to have an election or ruling that the election you had was invalid. Councilman Monahan- You could have a suit that would make the election invalid. Councilman Olson- I look at this petition the same as any other petition, we receive from residents of the Town of Queensbury, relating to highway or water. When we get the petitions in we refer those to the department head for an investigation, it takes time to do this. We wait for their recommendations before we take any action. Questioned the dates on the petitions. Most of the dates are early in the spring. It is unfortunate that the petition was not here before the 26th, we did meet the day before that. We could have started the process at that time. If there is a question of the legality of putting us on the ballot, I would support the recommendation to have this ironed out. Supervisor Walter-Counsel has recommended that this Board get special counsel to reveiw the petitions as to their legality... RESOLUTION AUTHORIZING ENGAGEMENT OF SPECIAL COUNSEL TO REVIEW WARD SYSTEM PETITIONS AND PROPOSITION AT GENERAL ELECTION RESOLUTION NO. 240, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury has been advised by Wilson S. Mathias Esq., an attorney for the Town that the validity of petitions and proposed election date submitted in support of the adoption of a Ward System is in question, and WHEREAS, the recommendation has been made to have special counsel review the petitions and report to the Board, and 256 WHEREAS, James Cantwell, Esq., of Albany has special expertise in the Election Law, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury engage James Cantwell as special counsel to review the aforesaid petitions at a fee of Seventy Five Dollars per hour and report back to the Board with his opinion in an expeditious manner. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Monahan, Mrs. Walter Noes: Mr. Morrell Absent: None Supervisor Walter-The petitions will be hand delivered to the Attorney in Albany, Mr. Cantwell, tomorrow morning. On motion the meeting is adjourned. Respectfully submitted, Donald A. Chase, Town Clerk